City of Long Branch, NJ Chapter 158 Drug-Free Zones

[HISTORY: Adopted by the City Council of the City of Long Branch 8-8-1989 by Ord. No. 134-89 (Sec. 4-20 of the 1971 Code). Amendments noted where applicable.]

§ 158-1 Drug-Free Zone Map adopted.

[Amended 5-26-1992 by Ord. No. 60-92; 9-23-1998 by Ord. No. 32-98; 10-12-2004 by Ord. No. 38-04]

In accordance with and pursuant to the authority of L. 1988, c. 44 (N.J.S.A. 2C:35-7), and L. 1997, c. 327 § 1 (N.J.S.A. 2C:35-7.1) the Drug-Free School Zone Map produced on or about March 2, 1989, by Edward G. Broberg, City Engineer, as amended December 2, 1991, and April 16, 1992, by Edward G. Broberg, City Engineer, as amended December 2, 1991, and April 16, 1992, by Edward G. Broberg, City Engineer, and April 20, 2001, by Birdsall Engineering, City Engineer, is hereby approved and adopted as an official finding of record of the location and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board and of the areas on or within 1,000 feet of such school property. Said map is also approved and adopted as an official finding of record of real property comprising public housing facilities, public parks or public buildings, and structures and properties appurtenant thereto and used in connection therewith, which is owned by or leased to a public housing facility and of the areas on or within 500 feet of such property.

§ 158-2 Location and boundaries of drug-free zones.

[Amended 9-23-1998 by Ord. No. 32-98; 10-12-2004 by Ord. No. 38-04]

The Drug-Free Zone Map approved and adopted pursuant to § 158-1 of this chapter shall continue to constitute an official finding of record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes and any property on or within 500 feet of a public housing facility, public park or public building as defined in N.J.S.A. 2C:35-7.1, until such time, if any, that this chapter shall be amended to reflect any additions or deletions with respect to the location and boundaries of such properties and drug-free zones.

§ 158-3 Notification of changes in location and boundaries.

[Amended 9-23-1998 by Ord. No. 32-98]

The school board or chief administrative officer, in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the City Engineer and the City Attorney of changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board which is used for school purposes. The Director of Public Works and Director of the Municipal Housing Authority shall have the same obligation with regard to public parks, public buildings and public housing facilities.

§ 158-4 Copies of Map on file.

The Clerk of the city is hereby directed to receive and to keep on file the original of the Map approved and adopted pursuant to § 158-1 and to provide at a reasonable cost a true copy to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the Map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such Map and of this chapter shall be provided without cost to the County Clerk and to the office of the Monmouth County Prosecutor.

§ 158-5 Map as evidence; statement of facts.

The following additional matters are hereby determined, declared, recited and stated:

A. It is understood that the Map approved and adopted pursuant to § 158-1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this state, and that pursuant to state law, such Map shall constitute prima facie evidence of the following:

(1) The location of elementary and secondary schools within the municipality;

(2) The boundaries of the real property which is owned by or leased to such schools or a school board;

(3) That such school property is and continues to be used for school purposes; and

(4) The location and boundaries of areas which are on or within 1,000 feet of such school property.

B. All of the property depicted on the Map approved and adopted herein as school property was owned by (or leased to) a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of L. 1987, c. 101 (N.J.S.A. 2C:35-7).

C. Pursuant to the provisions of L. 1988, c. 44,[1] a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to § 158-1. The failure of the Map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board or that such property is not used for school purposes.

[1] Editor's Note: See N.J.S.A. 2C:35-7.

D. All of the requirements set forth in L. 1988, c. 44, concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.